Terms of Service

Last Updated: August 30, 2025

Welcome to Smayl! These Terms of Service ("Terms") govern your access to and use of Smayl's website, services, and mobile application (collectively, the "Services"). Please read these Terms carefully.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Services.

1. Use of Our Services

You agree to use our Services in compliance with all applicable laws and regulations and not for any unlawful purpose. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes, subject to these Terms.

2. Intellectual Property

The Services and all materials therein, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and photographs (the "Smayl Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Smayl and its licensors.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Smayl Content.

3. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy to understand our practices regarding your information and, if applicable, Protected Health Information (PHI) as defined under HIPAA.

If you are a healthcare provider subject to HIPAA, you agree to enter into a Business Associate Agreement (BAA) with Smayl if you use the Services to create, receive, maintain, or transmit PHI. You are responsible for ensuring that your use of the Services complies with HIPAA and other applicable laws.

4. Subscription and Payment

Access to certain features of the Services may require a subscription and payment of applicable fees. All fees are non-refundable except as required by law or as otherwise stated by us in writing. We reserve the right to change our subscription fees upon reasonable notice.

5. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Smayl, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

7. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on our site or by other means. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

8. Governing Law

These Terms shall be governed by the laws of Republic of Serbia, without regard to its conflict of law principles.

9. Contact Us

If you have any questions about these Terms, please contact us at support@smayl.io